EXCLUSIVE
Gabriel Aubry was officially told today what we already reported ... he will NOT face criminal charges for the Thanksgiving Day fight with Halle Berry's fiance.
Instead, the L.A. City Attorney's Office has decided to hold an informal hearing with Gabriel to discuss his brawl with Olivier Martinez.
TMZ broke the story ... Halle, Olivier and Gabriel's attorneys all agreed to settle the matter and avoid a messy criminal trial.
As we told you, investigators believe Gabriel was actually the aggressor ... despite getting his face bruised and bloodied during the the fight.
Gabriel could end up getting anger management classes after the City Attorney hearing -- or simply told not to do this again.
No date's been set for the hearing.
TMZ TV
Aretha Franklin 'fessed up to us that she sings in the shower -- like millions of other people -- yet Harvey is so astounded ... he sees the plot of a hit movie! The eyes are often first to go.
Check out TMZ on TV -- click here to see your local listings!
EXCLUSIVE
When Nirvana reunites tonight in NYC -- with Sir Paul McCartney replacing Kurt Cobain on vocals -- Courtney Love won't be cheering ... she'll be yelling obscenities, because she's pissed about the gig.Dave Grohl and Krist Novoselic are playing at the 12-12-12 benefit concert at Madison Square Garden -- their first show together in 20 years -- but Cobain's widow tells TMZ she is "not amused" about Paul's involvement.
Courtney is clearly more of a Lennon fan, than McCartney because she added ... "Look, if John were alive it would be cool."
Love is also upset at Krist and Dave for calling tonight's show a Nirvana reunion because she says Kurt was the heart and soul of the legendary band.
For the record ... Sir Paul and the guys will be playing a brand new song they wrote together. It's unclear if they will cover classic Nirvana songs.
Breaking News
John McAfee?-- the millionaire who created McAfee Antivirus software -- has been released from custody in Guatemala ... where he was arrested for allegedly entering the country illegally, while still considered a "person of interest" in a Belizean murder case.
After his release, 67-year-old McAfee told reporters, "I'm free. I'm going to America." He said he plans to catch a flight to Miami.
Guatemalan immigration officials have already escorted McAfee to the Guatemala City airport.
As we reported, McAfee has been on the run ever since he was named a person of interest in the murder of his neighbor in Belize -- where McAfee had been living for several years.
McAfee's lawyer has said returning the software mogul to Belize could effectively be a death sentence ... because McAfee "has denounced authorities."
Breaking News
A Canadian hacker accused of pilfering nude images from Carly Rae Jepsen's computer ... and trying to sell them ... has been arrested after turning himself in to police last Friday.
According to Vancouver police, 25-year-old Christopher David Long has been charged with fraudulently obtaining telecommunications services,?unauthorized use of computer,?mischief to data,?identity fraud, and?possession of stolen property.
Long has since been released from custody and is due back in court January 4th.
TMZ broke the story ... Vancouver Police originally received the tip about the stolen photos from Carly's camp back in March, and have been investigating it since.
Breaking News
A convicted killer locked up in New Mexico plotted to have Justin Bieber murdered and castrated ... but for some mysterious reason, he threw a wrench into his own plans -- this according to a local news report in New Mexico.
According to KRQE News, convicted murderer Dana Martin -- currently serving two life sentences for raping and killing a 15-year-old girl in Vermont in 2000 -- recruited a fellow inmate at Las Cruces prison named Mark Staake to carry out the murder once Staake was released.?
It's unclear when the plot was originally hatched, but Staake and his nephew Tanner Ruane -- whom Staake had later recruited to help -- reportedly planned to execute the murder plan in NYC last month, where Bieber was performing at MSG.
Martin reportedly told police the plan was to kidnap Bieber and his bodyguard and strangle them with paisley ties, Martin's calling card. Ruane was then going to castrate them.
According to KRQE, Martin is obsessed with Bieber and even has a tattoo of Bieber on his leg.
But for some reason Martin blew the whistle on his accomplices -- and Staake?was arrested in Vermont on outstanding warrants before carrying out the deed.
Ruane made it to NY with a stash of tools -- including pruning shears -- but according to the report police intercepted him before anything happened, and placed him under arrest.
Breaking News
Ariel Winter's dad now has control over her estate -- namely her finances -- which was part of the settlement struck today outside the courtroom ... BUT the dad can't make a move without dealing with a group of professional advisers who work directly for Ariel.
Glenn Workman just got the green light from the judge to manage Ariel's money.? Interesting ... considering Glenn filed a declaration in the case calling Ariel "my retirement surprise child."? But here's the deal ... Glenn can't make business decisions without first discussing them with Ariel's lawyer, Blair Berk and others.? If he disagrees with the advisers, a judge is the tiebreaker.
Under the terms of the settlement, Ariel's sister, Shanelle, will remain the guardian of Ariel, meaning Ariel's mom, Chrystal, has been cut out of everything.
The move is temporary, but could become permanent in March.
The settlement was struck before a court fight over the guardianship ... a fight that promised to be ugly.
After today's settlement, Ariel's brother Jimmy Workman told reporters his family would be seeking therapy and counseling to get back together. Jimmy said his father is "happy and thrilled" with the settlement and so is his mom.
We also asked if Ariel's relationship with her older boyfriend would continue from here -- and Jimmy replied, "I hope it doesn't. This young man is over the age of 18. He should know better. It's completely disgusting that he does this."
EXCLUSIVE
Sarah Palin's oldest son has pulled the trigger on his marriage by filing for divorce ... TMZ has learned.
Track Palin and his wife, Britta, jointly filed divorce docs in an Alaskan court.? Under Alaska law, by filing together, they are signaling they have fully settled property and custody issues, including child support.
As for custody, the now ex-couple has a 1-year-old daughter, Kyla.? One interesting point ... Track and Britta had to watch a 48-minute video about the impact of a failed marriage on the child.
Track and Britta married in 2011.?
Track is an Army reservist and served time in Iraq.? He's a commercial fisherman and plans to go back to college.
EXCLUSIVE
Rapper A$AP Rocky just pled guilty to attempted grand larceny in connection with a brawl that took place back in July in NYC -- between the rapper and two amateur photogs.
TMZ broke the story ... A$AP -- real name Rakim Mayers -- was arrested following the fight, during which A$AP allegedly attacked two men for snapping pics of him ... while he was involved in a verbal altercation with another person.
According to the complaint, A$AP attempted to grab the camera during the melee -- which is where the larceny charge comes from.
In addition to the larceny charge, A$AP was charged with?attempted robbery in the 2nd degree and assault -- but the robbery and assault charges were dropped in exchange for A$AP's guilty plea.?
A$AP was sentenced to 3 days community service. He was also ordered to pay a $250 fine and stay out of trouble until his next court?date in February.
Breaking News
Katt Williams is officially a wanted man ... because a Seattle judge just issued a warrant for the comedian's arrest.
Katt didn't show for his arraignment today on assault, harassment, and obstruction charges stemming from his bar fight in Seattle on December 2nd.
TMZ broke the story ... Katt was arrested following the fight, during which he allegedly threatened a bar manager with a pool cue ... and threw a cigarette at a woman.
A rep for the Washington State Attorney's office says Katt?s attorney was there, and claimed his client didn't attend due to a ?medical issue."
That excuse didn't fly with the judge ... who immediately issued the bench warrant.
EXCLUSIVE
9:14 AM PDT:? Based on our sources and conversations at the courthouse, it's becoming clear ... Ariel's sister, Shanelle, will become her guardian and the mother will essentially lose custodial rights.
Sources tell us Ariel Winter and her mother, Chrystal Workman, have worked out a settlement in the "Modern Family" star's guardianship case -- and attorneys for both sides are hammering out details right now ... TMZ has learned.
We're told the lawyers are in the courthouse where a hearing was scheduled to go down today ... possibly to determine if Ariel's mom or her older sister Shanelle Gray would be granted permanent guardianship.
Chrystal is waiting outside the courtroom, and just said loudly ... "They're stripping everything from me."
Shanelle has been Ariel's guardian since allegations surfaced back in October that Chrystal was emotionally and physically abusing Ariel.
Story developing ...
Source: http://www.tmz.com/2012/12/11/ian-mckellen-prostate-cancer/
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